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primuseve.bsky.social
Law Professor at the University of Michigan Law School (criminal procedure, evidence, habeas corpus); Public Defender; Director, MDefenders Program https://michigan.law.umich.edu/faculty-and-scholarship/our-faculty/eve-brensike-primus
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The University of Michigan Law School is pleased to announce the appointment of Neel U. Sukhatme as the David A. Breach Dean of Law and Professor of Law. michigan.law.umich.edu/news/neel-su...

Happy Gideon Day! Thank you to all of the public defenders in the trenches who fight every day to bend the arc of the law a little more toward justice.

Thrilled my article with Kate Weisburd on "Legally Magic Words" led to this Data For Defenders motion, which shows public defenders how they can use social science research to help their clients

No QI for officer who did not summon prompt medical care for driver in one-car accident who was disoriented and in distress, and who instead arrested driver for being on drugs. 9th Circuit, 2-1 per Bress with Lee dissenting in part. cdn.ca9.uscourts.gov/datastore/op... #N

Maine has joined MA, MO, & CA9 in providing remedies for systemic denials of counsel! Check out the court's ruling requiring state to comply with its 6A obligation and providing habeas relief to defendants held w/o counsel: www.aclumaine.org/en/robbinsvm...

Just read Justice Appel's tour de force article - State and Federal Constitutional Right to Counsel in An Age of Case Specific and Systemic Inadequacies. This is a must read for advocates (and judges) interested in right-to-counsel issues.

New #DataforDefenders motion argues statements like "I think I want a lawyer" should be understood as clear invocations of Miranda right to counsel based on empirical research about what reasonable people understand. Also argues that officers should have a duty to clarify. www.datafordefenders.org

New #DataforDefenders motion to suppress evidence obtained b/c of suspicionless police order commanding driver to get out of car during routine traffic stop. Research shows there is no risk of danger to police during routine traffic stops. www.datafordefenders.org

Professor @primuseve.bsky.social spoke at an informal “blue jeans” lecture as a winner of the 2024 Faculty Award for Innovative, Interdisciplinary, and Inclusive Teaching, one of the annual student-nominated awards presented by the Law School Student Senate. michigan.law.umich.edu/news/eve-pri...

If evidence seized in a warrantless drug raid is critical to a case, “that would be a serious Fourth Amendment violation that would result in reversal on appeal,” said Professor @primuseve.bsky.social in the @nytimes.com www.nytimes.com/2025/02/21/u...

Check out the @nytimes.com article on corruption and illegal activity in the Rankin County sheriff’s office, quoting @primuseve.bsky.social #WomenAlsoKnowLaw

Casino reports suspicious car in parking lot. Officer goes to car & asks driver for ID, driver gives ID to officer. Convo follows, during which officer sees drugs in the car. Idaho SCT: Drugs suppressed, holding the ID was a seizure w/o reas suspicion. isc.idaho.gov/opinions/515... #N

For wonks: the Court reaffirms some of the unique features of Napue here, which had come under attack. Specifically, relief still available (1) upon a showing of failure to correct (rather than just knowing elicitation) and (2) upon a lower showing of harm than in Brady cases.

Over at SCOTUS, Justices Sotomayor and Gorsuch encourage defense counsel to keep pushing the originalist argument that misdemeanor arrests require a warrant if the crime is not committed in an officer's presence. supremecourt.gov/opinions/24p... #N

No QI for male officer who used deplorable language and acted aggressively during strip search of transgender woman inmate, CA10 rules (2-1). (screenshots from opinion over multiple tweets, starting here and scroll down) ca10.uscourts.gov/sites/ca10/f... #N

Courts' haphazard approach to allocating burdens of proof in criminal procedure creates a system in which rights are meaningless b/c suspects must prove things they can't know. In a new article, I create a framework for analyzing burden allocation. Comments welcome! papers.ssrn.com/sol3/papers....

Police enter house to help fire dept investigate gas leak. Officer sees cabinet w/chain & padlock that is ajar 1 inch. One pulls on it a bit but it doesn't move much, other uses flashlight to see inside, spot drugs. Ill SCT: Drugs suppressed. ilcourtsaudio.blob.core.windows.net/antilles-res...

During stop, officers order driver out of the car & leaves door open, apparently as part of a plan to bring a narcotics detection dog to the open door to sniff. Dog pokes his head in the car & alerts. Colo SCT, 5-2: This was an unconstitutional search. colorado.vlex.io/vid/people-v... #N

New MDefenders Data for Defenders motion arguing to move defense to table closer to the jury. There is no reason for locating prosecution at closer table and research shows substantial danger that distancing defendant could unfairly prejudice him. www.datafordefenders.org

New MDefenders Data for Defenders draft sentencing memo argues for a goal-based probation that last for no more than one year, relying on social science about how unnecessary, costly, and counterproductive probationary terms that are longer than one year are. www.datafordefenders.org

New from the Civil Rights Litigation Clearinghouse -- we're going to track and post about civil rights lawsuits against the Trump Administration. Check it out! clearinghouse.net/post/1175/

"It absolutely does affect the faith that people have in the justice system, and whether people are getting a fair shake and the rights honored that they’re supposed to have.” —Professor @primuseve.bsky.social www.pressherald.com/2025/01/22/a...

Officer has heard there's a new traffic law, pulls over a driver for violating it. Turns out the new law hadn't gone into effect yet. Kentucky SCT: This is not a reasonable mistake of fact. Officers need to read the law, including its effective date. casetext.com/case/vincent... #N

New Data for Defenders motion to exclude medical examiner testimony on manner of death under evidence rules & constitution b/c it's speculative, based on extraneous information, not based in science, isn't standardized or validated, & is biased. www.datafordefenders.org

New Data for Defenders post argues that testimony about a woman's abortion-related internet searches and abstention from prenatal care should be excluded under rules of evidence. It is irrelevant b/c of maternal care deserts and prejudicial b/c of gender stereotypes. www.datafordefenders.org

New from Gallup: "Between 2020 and 2024, Americans' confidence in the U.S. judicial system and courts declined by 24 percentage points, one of the largest country-level drops for the courts measured globally since 2006." news.gallup.com/poll/653897/...

New DNA testing of a blood sample lawfully in government possession from a prior crime is a 4th Amendment "search," Arizona Supreme Court holds. The SCOTUS decision in Maryland v. King does not overturn AZ's 2012 ruling on this. azcourts.gov/Portals/0/Op... #N

I'm working on an article about burdens of proof in criminal procedure. SCOTUS often gives no guidance on how to allocate burdens, leaving lower courts split in many areas. I have a lot of examples but am looking for more so tell me your favorite crim pro burden split. Thanks!

Check out the latest from Professor @richardprimus.bsky.social in the @law.wisc.edu Journal of American Constitutional History: Sins and Omissions: Slavery and the Bill of Rights repository.law.wisc.edu/s/uwlaw/ark:...

An Ohio representative is now proposing to make flag planting after a football game a FELONY?!? Look, I don’t agree with the flag-planting practice, but there are better ways of addressing it than expanding the criminal footprint and giving college kids felony convictions.

Excited to read this!👇

If you are not already listening to the Public Defenseless podcast, you should be. Congrats, Hunter!

The Brooklyn Defenders obtained all nine years of data from the NYPD's ShotSpotter program—and found that more than 83 percent of the gunfire detection system's alerts were never confirmed to be gunshots at all. @nickpinto.bsky.social has the story: hellgatenyc.com/nypd-shotspo...

On this Giving Tuesday, consider a gift to the Public Defender Training Institute / MDefenders at the University of Michigan Law School. There's nothing like it anywhere for training future public defenders to be both client-centered and systemic change agents. maizeraise.umich.edu/campaigns/49...

Attn Crim Law, Crim Pro, & Evidence Scholars: Want to join a letter to jury instruction drafting committees arguing for an explanation-based change to instruction on right to remain silent that says there are many innocent reasons why a defendant might not testify? docs.google.com/forms/d/1iPK...

We are resurrecting and reimagining the CrimProf Blog (lawprofessors.typepad.com/crimprof_blog/), and perhaps Bluesky will be a good way to share new content.

TEXAS COURT OF CRIMINAL APPEALS: coercive tactics used against 14yo suspect — including misleading interrogation by a Texas Ranger — violated suspect's due process rights and rendered his confession involuntary. search.txcourts.gov/SearchMedia....

Kansas traffic law says taillights must "display or reflect a red color." Officers stop a car for having a taillight that was emitting *both* red *and* white light. Was the traffic law violated? Yes, Kansas SCT rules. kscourts.gov/KSCourts/med... #N

Do you know about social science that you think criminal defense attorneys should be incorporating into their arguments? Have you written a criminal defense motion incorporating social science? If so, please help us create a national network. Upload your studies and motions to datafordefenders.org

No QI for officer who shot 14-year-old in a vacant house where shots had been fired from what sounded like a cap gun. Whether cases w/ similar facts existed is "a red herring." The principle—you can't shoot an unarmed & nonthreatening person—is clear. www.ca10.uscourts.gov/sites/ca10/f... #N

New Data for Defenders motion to discount police descriptions of suspects as “blading,” b/c it's conclusory & describes amorphous, innocuous, contradictory behavior, especially when applied to Black and brown people who are trained to fear and avoid police. www.datafordefenders.org

New Data for Defenders motion asking for an implicit racial bias jury instruction. Research on mental imagery shows “cloaking” exercises asking jurors to consider if impressions would change if defendant were of different race can combat implicit biases. www.datafordefenders.org